1. Introduction
Welcome to the Health Care Advantage websites located at healthcareadvantage.com, newprimarycare.com, pcpfinder.com, and myvaluebasedcare.com. This website, including all portals linked hereto (collectively the “Site”) is owned and operated by Health Care Advantage, LLC (“Health Care Advantage” or “we” or “us”). These Terms of Use (“Terms”) state the terms and conditions governing your use of and access to the Site and constitute a legally binding contract between you and Health Care Advantage. These Terms incorporate any additional terms and conditions posted by Health Care Advantage through the Site, or otherwise made available to you by Health Care Advantage.
PLEASE REVIEW THESE TERMS CAREFULLY. YOUR ACCESS TO AND/OR USE OF THE SITE CONSTITUTES YOUR ACCEPTANCE OF, AND CONSENT TO BE BOUND BY, THESE TERMS. IF YOU DO NOT ACCEPT AND CONSENT TO BE BOUND BY THESE TERMS, THEN YOU MUST NOT USE OR ACCESS THE SITE.
We may change these Terms from time to time by notifying you of such changes by any reasonable means, including by posting revised Terms through the Site. Any such changes will not apply to any dispute between you and us arising prior to the date on which we posted the revised Terms incorporating such changes, or otherwise notified you of such changes.We may, at any time and without liability, modify or discontinue all or part of the Site (including access to the Site via any third-party links).
2. Eligibility
The Site is controlled and operated from the United States and is not intended to subject Health Care Advantage to any non-U.S. jurisdiction or law. The Site may not be appropriate or available for use in some non-U.S. jurisdictions. Any use of the Site is at your own risk, and you must comply with all applicable laws, rules and regulations in doing so. We may limit the Site’s availability at any time.
3. License
Subject to and conditioned on your compliance with these Terms, Health Care Advantage grants you a limited, non-exclusive, non-transferable, non-assignable, revocable license to access and use the Site, and to download copies of the materials that we make available for download on the Site, in each case solely for your personal and noncommercial use.The Site, including all content, information, and materials incorporated into or made available through the Site, is the exclusive property of Health Care Advantage and is protected by U.S. law. You agree not to access or use the Site, or any content, information, or materials incorporated into or made available through the Site, except as expressly permitted under these Terms.All trademarks, service marks, and logos displayed on the Site (the “Marks”) are the exclusive property of Health Care Advantage or their respective third-party owners. Except for your right to view Marks on our Site, you are not granted any rights to the Marks. Nothing in the Site grants, by implication, estoppel, or otherwise, any license or right to use any Marks displayed on the Site.
4. User Submitted Materials
clarity, certain information that you provide to Health Care Advantage through the Site may also be governed by Health Care Advantage’s Privacy Policy, located at healthcareadvantage.com, newprimarycare.com, pcpfinder.com, and myvaluebasedcare.com (the “Privacy Policy”). You represent and warrant that any information you provide in connection with the Site is and will remain accurate and complete, and that you will maintain and update such information as needed.
5. Rules of Conduct
6. Account and Password
7. Third-Party Materials
8. Indemnification
9. Warranty Disclaimer
10. Limitation of Liability
11. Termination
12. Governing Law; Jurisdiction
13. General
No waiver by either party of any breach or default under these Terms will be deemed to be a waiver of any preceding or subsequent breach or default. Any heading, caption or section title contained herein is for convenience only, and in no way defines or explains any section or provision. All terms defined in the singular will have the same meanings when used in the plural, where appropriate and unless otherwise specified. Any use of the term “including” or variations thereof in these Terms will be construed as if followed by the phrase “without limitation.” These Terms, including any terms and conditions incorporated herein, constitute the entire agreement between you and Health Care Advantage relating to the subject matter hereof, and supersede any and all prior or contemporaneous written or oral agreements or understandings between you and Health Care Advantage relating to such subject matter. Notices to you (including notices of changes to these Terms) may be made via posting to the Site. Without limitation, a printed version of these Terms and of any notice given in electronic form will be admissible in judicial or administrative proceedings based upon or relating to these Terms to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. Health Care Advantage will not be responsible for any failure to fulfill any obligation due to any cause beyond its control.